LAXMAN SHRAWAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted in Session Trial No.07 of 2004, by the Judgment and order of conviction dated 29th April, 2005 and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-(Rs. One Thousand Only), in default, to undergo further S.I. for one month, is in Appeal before this Court.

(2.) THE prosecution story may be narrated compendiously; that complainant Chandrabhaga Bhagat, used to live at village Nanza and was doing labour work. She had a daughter by name Ramabai from her first husband. THE marriage of daughter of Chandrabhaga took place with the appellant (herein after referred to as "accused" for convenience). Accused, used to live at Chandrapur before the marriage. After marriage accused along with Ramabai, came to village Nanza and was residing with complainant Chandrabhaga Bhagat. Ramabai had two sons namely Pankaj and Dhiraj from accused. On February 14th, 2003, in the evening, the accused asked his wife Ramabai to serve food to him. In the meantime, accused gave a slap to his son Dhiraj, due to which Ramabai asked accused as to why he beat the son. Accused, thereafter, started giving beatings to Ramabai. Pankaj, the another son of Ramabai questioned the accused as to why he was beating to his mother. THE accused also rushed towards Pankaj to beat him. THE accused brought his wife inside the room and the complainant Chandrabhaga got the smell of Kerosene coming out from the said room. Chandrabhaga along with Pankaj went inside the room and found that accused was trying to burn Ramabai. Pankaj snatched the burning match stick from his hand. THE accused, thereafter, threw another burning match stick on the body of Ramabai, due to which she was burnt. Chandrabhaga, the complainant, was trying to extinguish the fire due to which her hands were burnt. Ramabai was rushed to the hospital in burnt condition. Ramabai in the hospital, was saying that her husband should not be allowed in the hospital as he had burnt her by pouring Kerosene on her person. Ramabai, thereafter, was brought to main hospital at Yavatmal, where she died on the next day. THE accused, thereafter, absconded. THE doctor of the main hospital informed the police about the death of Ramabai. THE police prepared the inquest panchanama of her dead body and it was sent for Post Mortem. THE police obtained the report of the incident from complainant Chandrabhaga, and on its basis registered the offence against the accused for the offence punishable under Section 302 of the Indian Penal Code. THE police, thereafter, went to the spot, prepared the panchanama. One plastic can and burnt piece of Saree smelling of Kerosene, were seized under the seizure memo from the spot. Incriminating articles were forwarded to the Chemical Analyzer, Nagpur. Statements of the witnesses were recorded. Since accused was absconding, charge sheet was submitted against him, for the offence punishable under Section 302 of the Indian Penal Code, before the learned Judicial Magistrate First Class, Kalamb. Accused was traced,arrested and supplementary charge sheet against him came to be submitted before the learned Judicial Magistrate First Class, Kalamb, for the offence punishable under Section 302 of the Indian Penal code. THE learned Judicial Magistrate First Class, Kalamb, after perusal of the charge sheet found that offence punishable under section 302 of the Indian Penal Code was exclusively triable by the Court of Session, and thereby committed the case to the Court of Session at Yavatmal, for disposal according to law. THE learned Trial Court, framed the charge at Exh.07, for the offence punishable under Section 302 of the Indian Penal Code against the accused. Charge was read over and explained to the accused, who denied the same and claimed to be tried. THE defence of the accused seems to be that his wife Ramabai died accidentally while preparing food.

(3.) WE have considered the evidence as a whole of P.W.-1 -Chandrabhaga. Her presence in the house is natural. Presence of the accused is not disputed, Her evidence, gives a truth of ring. Her candidness in admitting that Bhanudas, her second husband and step father of deceased Ramabai did not like Ramabai and Ramabai and accused were staying with them gives guarantee of truthfulness of her version, The omission brought on her evidence are not on core part of the incident. Delay in lodging the First Information Report has been properly explained by her. In our opinion, evidence of this witness inspires full confidence and has established that it is the accused who set ablaze deceased Ramabai. WE have also noticed that in the process of extinguishing not only the Chandrabhaga sustained burn injuries to her hands but accused has also sustained burn injuries to his hands.